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Critical Case Request

By Gordon Gates on August 6, 2008
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I recently filed a critical case/dire need request for a client’s claim. A critical case request asks Social Security to expedite a claim at the hearing level. Critical cases are governed by HALLEX I-2-1-40.

Critical cases get priority because they are the most serious claims. There are three situations that constitute critical cases: 1) the claimant’s illness is terminal, 2) there is an indication that the claimant is suicidal or homicidal, and 3) dire need.

Dire need is the most frequent basis for a critical claim request. Dire need is when the claimant is without – and is unable to obtain – food, medicine or shelter. Mere hardship is not enough. The situation must be dire. An imminent eviction, with no financial resources to find new shelter, would certainly qualify.

As shown by critical case request evaluation sheet used by ODAR, documentation of the critical situation is important. I included the claimant’s eviction notice with my recent dire need request.

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
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